Petitioner is the 3rd accused in Crime No.304 of 2014 of the Kalloorkadu Police Station for the offences punishable under Sections 341, 323, 324 & 326, read with Section 34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that brother of the de facto complainant (i.e, injured) went to the house of the de facto complainant on 22.05.2014 at about 11.20 p.m. claiming that the first accused and others assaulted him. Thereon, the de facto complainant and his brother went to the house of the first accused to question that. There, the first accused and others assaulted brother of the de facto complainant. The petitioner restrained him.
3. Learned counsel submitted that brother of the de facto complainant had damaged autorikshaw belonging to the first accused and on the relevant day and time, they trespassed into the compound of the first accused and assaulted him. Crime No.305 of 2014 is registered under Sections 341, 447, 326 read with Section 34 of the Indian Penal Code.
4. It is revealed that accused Nos.1 and 2 are arrested and released on bail. Allegation against the petitioner is only that he wrongfully restrained brother of the de facto complainant. No recovery is required to be made at this instance. I am satisfied that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions.
The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.304 of 2014 on 27.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on other day/days and time as directed by the investigating officer.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond of `20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions :
a. One of the sureties shall be a close relative of the petitioner.
b. Petitioner shall report to the investigating officer on every alternate Saturday between 10 a.m and 12 p.m. for a period of two months or until filing of the final report, whichever is earlier.
c. Petitioner shall report to the investigating intimidate any of the witnesses.
e. Petitioner shall not get involved any offence during the period of this bail.
f. In case any of condition Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE